Decision details

The Chief Executive submitted a report seeking approval from Committee on the proposed civil penalty amounts to be imposed for the offence of emitting smoke within a smoke control area within the Borough of Ribble Valley and to review and agree the new ‘Policy on Civil Penalties for Smoke Emissions under the Clean Air Act 1993, as amended by the Environment Act 2021’.

Amendments to the Environment Act 2021 replaced a criminal prosecution enforcement regime with a civil penalty procedure.  It was noted that Ramsgreave and Simonstone are currently classed as smoke control areas.  Members discussed the proposed civil penalty amounts and agreed that £175 for a first offence and £225 for a second offence would be more appropriate.

RESOLVED THAT COMMITTEE:

1.     Approve the following civil penalty amounts for the offence of emitting smoke within a smoke control area within the Ribble Valley:

^a Where in the opinion of the Council no demonstrable measures have been implemented to minimise smoke emissions a maximum £300 fine will be issued for a first offence.

^b Within 12 months of 1st offence.

^c Within 12 months of 2nd or last offence

^d Where appropriate (for example for repeated offences), the use of statutory nuisance and/or anti-social behaviour powers under section 79 of the Environmental Protection Act 1990 and/or Section 43 of the Anti-social Behaviour Crime and Policing Act 2014 may follow the serving of a civil penalty.

2.     Including the above amendments to the Civil Penalty Bandings, approve the Ribble Valley Borough Council ‘Policy on Civil Penalties for Smoke Emissions under the Clean Air Act 1993, as amended by the Environment Act 2021’.